ASHOK KUMAR Vs. CHHABIL DASS

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 4.12.1978 passed by the learned Appellate Authority, Hissar, under Section 15(4) of the Haryana Urban Control of Rent and Eviction Act, 1973 (for short 'the Act'), whereby an appeal filed by the tenant respondent against the fixation of fair rent by the Rent Controller was allowed and the application of the landlord-petitioners under Section 4 of the Act was dismissed. Another appeal filed by the landlord-petitioners making a grievance against the inadequacy of the fair rent by the Rent Controller by the judgment was also dismissed. This is how the petitioners have filed the present revision petition in this Court.

(2.) IT is not in dispute that the demised shop which is situated in Bazar Pansarian, Delhi Darwaza, Hissar, was constructed before 31.12.1961. In fact, its fair rent was fixed under Section 4 of the East Punjab Urban Rent Restriction Act, 1949 (for short 'the Punjab Act') in the year 1962 at Rs. 88/- per month. Thus, in my view, the fair rent so fixed under the Punjab Act and which was in force in the year 1962 should be treated as the basic rent for determining the fair rent of the shop under Section 4 of the Act. The learned counsel for the petitioners no doubt has vehemently stressed that sufficient material has been brought on the record to show that rent for similar buildings in the year 1962 was Rs. 500/- per month. This evidence, however, in my view is not at all relevant in the present case when the fair rent of the shop in dispute had been fixed under Section 4 of the Punjab Act in the year 1962.

(3.) CONSEQUENTLY , I partly allow this revision petition, set aside the judgement of the Appellate Authority and modify that of the Rent Controller and fix the fair rent of the shop in dispute with effect from 27.1.1976 at Rs. 132/- per month.